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Contract Service Agreement with Hills & Dales and CDBG Agreement with Iowa State University ExtensionCity of Dubuque City Council Meeting Consent Items # 8. Copyrighted November 15, 2021 ITEM TITLE: Approval of Fiscal Year2022 Contract Service Agreement with Hills & Dales Senior Center and Community Development Block Grant Agreement with Iowa State University Extension SUMMARY: City Manager recommending approval of the Fiscal Year 2022 contract service agreement for Hills & Dales Senior Center and Community Development Block Grant (CDBG) agreement with the Iowa State University (ISU) extension. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Hills & Dales Senior Center FY22 Contract Service Agreement-MVM Memo Staff Memo FY22 Agreement for Hills and Dales, ISU Extension FY22 Service Agreement with Hills & Dales FY22 C D B G Agreement with I S U Extension Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of FY22 Contract Service Agreement with Hills & Dales Senior Center and CDBG Agreement with Iowa State University Extension DATE: November 9, 2021 Leisure Services Manager Marie Ware recommends City Council approval of the Fiscal Year 2022 contract service agreement for Hills & Dales Senior Center and CDBG agreement with the Iowa State University (ISU) extension. The Fiscal Year 2022 City Council -approved budget provides $18,200 in general funds for the Hills and Dales Senior Center and $2,000 in Community Development Block Grant funds for the ISU Extension programs. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager Dubuque I� 2447.2012.2013 2017*2019 SUBJECT: Approval of FY22 Contract Service Agreement With Hills & Dales Senior Center and CDBG Agreement with Iowa State University Extension DATE: November 8, 2021 INTRODUCTION The purpose of this memorandum is to request approval of the Fiscal Year 2022 contract service agreement for Hills & Dales Senior Center and CDBG agreement with the Iowa State University (ISU) Extension. :T_T9]:(r]:Zo1l1► I l; The Fiscal Year 2022 council -approved budget provides $18,200 in general funds for the Hills and Dales Senior Center and $2,000 in Community Development Block Grant funds for the ISU Extension programs. DISCUSSION Grant recipients agree to use grant resources to further goals identified by the City Council. Hills & Dales Senior Center will maintain existing services designed to further the goal: Vibrant Community: Healthy and Safe. The ISU Extension partnership provides free educational programs for low/moderate youth designed to further the goal: Diverse Arts, Culture, Parks, and Recreation Experiences and Activities. Both organizations are required to submit quarterly reports to City staff, identifying race and income of individuals being assisted. This information helps City staff collect data on the needs of the residents of the City of Dubuque and track outcomes of the programs offered. RECOMMENDATION I respectfully request approval of the Fiscal Year 2022 contract service agreement for Hills & Dales Senior Center and CDBG agreement with the Iowa State University (ISU) Extension and authorization for the Mayor to execute the agreement on behalf of the City. attachment Prepared by: Dan Kroger, Recreation Division Manager Cc: Maddy Haverland, Community Development Specialist CITY OF DUBUQUE, IOWA AND HILLS AND DALES FY 2022 SPECIAL SERVICES GRANT PROGRAM AGREEMENT THIS AGREEMENT, executed on the 20th day of September 2021 is entered into by and between the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (Recipient) and Hills and Dales, with its principal place of business in Dubuque, Iowa (Subrecipient). WHEREAS, the City Council deems it in the best interests of the City to provide special services funding to support organizations in the city of Dubuque; and WHEREAS, Recipient wishes to engage Subrecipient to assist Recipient in providing services to a presumed low -and moderate- income population. NOW THEREFORE, in consideration of the premises and respective covenants, agreements and representations hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES: a. Subrecipient shall: L Provide the services to eligible residents of the City of Dubuque in a manner satisfactory to Recipient and consistent with any standards required as a condition of providing these funds. Such program shall include the following activities similar to those eligible under the Community Development Block Grant Program: Operating costs for the Hills and Dales Lifetime program to provide educational, recreational and social programs to elderly persons. In the event of a conflict between Subrecipient's proposals and the provisions hereto attached, that provision which in the judgment of Recipient provides the greatest benefit to Recipient shall prevail. Failure of Subrecipient to provide any of the services proposed shall be deemed a material breach of this Agreement. ii. Support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. The City will provide opportunities to demonstrate this support by inviting the Executive Director of the Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: WE 1. The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, Exhibit A; 2. The opportunity to attend intercultural and equity workshops offered by the City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; 3. Assistance in creating semi-annual status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and 4. Access to the City's equity toolkit. iii. Comply with City Council goals and priorities are attached hereto as Exhibit B. City Responsibilities City designates the City Manager, or the City Manager's designee, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. IV. Project Budget The total compensation to be paid to Subrecipient by Recipient for the services shall in no event exceed the sum of $18,200 for the program as described in Exhibit C. Any indirect costs charged must be consistent with the conditions of Section II (C) (3) of the attached Exhibit D, Standard Requirements. In addition, Recipient may require a more detailed budget breakdown, and Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Recipient. The Recipient and Subrecipient must approve any amendments to this Agreement in writing. V. Dates of Commencement and Completion The services to be provided under this Agreement shall be commenced on July 1, 2021 and shall be completed not later than June 30, 2022. Recipient's right to enforce the terms of this Agreement shall be extended to cover any additional time during which Subrecipient remains in control of CDBG funds or other assets including program income, VI. Agreement Documents and Provisions Subrecipient shall perform or arrange for the provision of services under this Agreement in the manner and time provided herein and in accordance with the Community Development Block Grant Program, including the Income Guidelines in Exhibit D and Standard Contract Requirements in Exhibit E herein attached and a part of this agreement. 2- VII. Payment a. It is expressly agreed and understood that the total amount to be paid by Recipient to Subrecipient under this Agreement shall not exceed the amount stated in Section III of this Agreement. Such amount shall constitute complete compensation for all services to be rendered, including expenses for the operation of the physical structure and the cost in providing staff to deliver homeless services. Such amount shall be paid upon written request on the Request for Payment form, with proof satisfactory to the recipient of expenses. Drawdowns for payment of eligible expenses are reimbursement only. b. Payment shall be supported by documentation provided by Subrecipient of costs incurred for services provided pursuant to this Agreement. c. Payments are be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 2 CFR 200, the provisions of which are available in the office of Recipient. Vill. Insurance. At the time of execution of this Agreement by Subrecipient, Subrecipient shall provide to Recipient copies of Subrecipient's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of Recipient for the term of this Agreement. REPORTING. Organization agrees to submit the final report and remit any unspent grant funds by August 31, 2022. Final reports must include documentation of project expenditures, required match, and activities completed. Details pertaining to match requirements are outlined in the program guidelines. Failure to submit a final report may impact eligibility for receiving future City arts funding. AUDIT AND EVALUATION. Because the funds provided to Organization by City are public funds, Organization must maintain books, financial records, and accounting in accordance with generally accepted accounting standards and necessary documentation to support all expenditures. Organization will retain all financial records, reporting documents, and other records pertinent to the City of Dubuque Arts and Culture Special Projects Grant Program for three (3) calendar years after the end of the term of this Agreement. Organization's funding request application and applicant assurances are incorporated by reference into this Agreement. X. Termination of Agreement 3- This Agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. XI. Notices Communication and details concerning this Agreement shall be directed to the following agreement representatives: Recipient Subrecipient Dan Kroger Jack Mescher Recreation Division Manager Hills and Dales Leisure Services Department 1011 Davis 2200 Bunker Hill Rd. Dubuque, IA 52001 Dubuque, Iowa 52001 XII. Assignability Agency shall not assign this Agreement or any interest in this Agreement without prior written approval of City. IN WITNESS WHEREOF, the parties have executed this contract with the referenced attachment Exhibit A, B, C, D, and E as of the date first written above. Witness: a,711 V/ ?' Adrienne Breitfelder, City Clerk City of Dubuque, Iowa Y M chael C. Van Milligan Hills and Dales -4- CDBG Contract CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY ISU EXTENSION FY 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Agreement THIS AGREEMENT, executed on the 1st day of November, 2021 is entered by and between the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (Recipient) and Dubuque County ISU Extension with its principal place of business in Dubuque, Iowa (Subrecipient). Whereas, Recipient is a participating city in the Community Development Block Grant (CDBG) Program of the United States Department of Housing and Urban Development; and Whereas, Recipient wishes to engage Subrecipient to assist Recipient in providing services to a presumed low -and moderate- income population. NOW THEREFORE, in consideration of the premises and respective covenants, agreements and representations hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES: a. Subrecipient shall: Provide the services to eligible residents of the City of Dubuque in a manner satisfactory to Recipient and consistent with any standards required as a condition of providing these funds. Such program shall include the following activities eligible under the Community Development Block Grant Program: To plan, organize and conduct recreation programs for low/moderate income youth. In this regard for the term of this agreement it shall: 1. Provide activities such as Babysitting and Child Care, Kids Cookoff, Quest to be your Best, Art Explosion and Dinosaur Adventures. 2. Provide educational activities such as Exploring Science, Fun with Bots, Rockets Away, A World in Motion, Going Buggy and Dirt, Worms and Food all geared to be fun while tapping the imagination and creativity of the participants. CDBG Contract 3. In the event of a conflict between Subrecipient's proposals and the provisions hereto attached, that provision which in the judgment of Recipient provides the greatest benefit to Recipient shall prevail. Failure of Subrecipient to provide any of the services proposed shall be deemed a material breach of this Agreement. ii. In the event of a conflict between Subrecipient's proposals and the provisions hereto attached, that provision which in the judgment of Recipient provides the greatest benefit to Recipient shall prevail. Failure of Subrecipient to provide any of the services proposed shall be deemed a material breach of this Agreement. iii. Support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. The City will provide opportunities to demonstrate this support by inviting the Executive Director of the Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: 1. The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, Exhibit A; 2. The opportunity to attend intercultural and equity workshops offered by the City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; 3. Assistance in creating semi-annual status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and 4. Access to the City's equity toolkit. iv. Comply with City Council goals and priorities are attached hereto as Exhibit B. II. City Responsibilities City designates the City Manager, or the City Manager's designee, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this -2- CDBG Contract Agreement until Agency has been advised in writing by City that such authority has been revoked. III. National Objective Subrecipient certifies and maintains documentation that the activities carried out with funds provided under this Agreement will meet the CDBG program's National Objectives as stated: 570.208(a)(2) Activities benefiting low and moderate -income persons; Benefit to a clientele (elderly persons) who are generally presumed to be principally low -moderate income persons; and requires reporting information on ethnic origin, elderly status, and female head of household status for participants served. IV. Project Budget The total compensation to be paid to Subrecipient by Recipient for the services shall in no event exceed the sum of $2,000 for the program. Any indirect costs charged must be consistent with the conditions of Section II (C) (3) of the attached Exhibit C, Standard Requirements. In addition, Recipient may require a more detailed budget breakdown, and Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Recipient. The Recipient and Subrecipient must approve any amendments to this Agreement in writing. V. Dates of Commencement and Completion The services to be provided under this Agreement shall be commenced on July 1, 2021 and shall be completed not later than June 30, 2022. Recipient's right to enforce the terms of this Agreement shall be extended to cover any additional time during which Subrecipient remains in control of CDBG funds or other assets including program income. VI. Agreement Documents and Provisions Subrecipient shall perform or arrange for the provision of services under this Agreement in the manner and time provided herein and in accordance with the Community Development Block Grant Program, including the Income Guidelines in Exhibit D and Standard Contract Requirements in Exhibit C herein attached and a part of this agreement. VII. Payment a. It is expressly agreed and understood that the total amount to be paid by Recipient to Subrecipient under this Agreement shall not exceed - 3 - CDBG Contract the amount stated in Section IV of this Agreement. Such amount shall constitute compensation for establishment of a Microenterprise. Such amount shall be paid upon written request on the Request for Payment form, with proof satisfactory to the recipient of expenses. Drawdowns for payment of eligible expenses are reimbursement only. b. Payment shall be supported by documentation provided by Subrecipient of costs incurred for services provided pursuant to this Agreement. c. Payments are contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 2 CFR 200, the provisions of which are available in the office of Recipient. VIII. Reporting and Monitoring. Subrecipient shall render to Recipient an annual written report detailing its activities and individuals served. Annual report will be due July 15t" Subrecipient shall be subject to at least one site visit by personnel of Recipient, or a designee of Recipient or duly authorized federal officials, for monitoring Subrecipient's delivery of services and compliance with terms of the agreement and federal standards that pertain to federally funded grant activities. Income verification of the participants as provided on the Participant Report, if applicable, shall be provided for review at the time of monitoring. Review may include accounting books and records for financial management and documentation of program costs. The reviewers shall have access to and the right to examine, audit, excerpt and /or transcribe any of Subrecipient's records pertaining to all matters covered by this Agreement. Subrecipient shall be subject to subsequent site visits to review correction of any deficiencies in compliance. Recipient shall monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by Recipient shall constitute noncompliance with this agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period after being notified by Recipient, contract suspension or termination procedures shall be initiated. IX. Termination of Agreement This Agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. -4- CDBG Contract If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. X. Notices Communication and details concerning this Agreement shall be directed to the following agreement representatives: Recipient Dan Kroger Recreation Division Manager Leisure Services Department 2200 Bunker Hill Rd. Dubuque, Iowa 52001 Subrecipient Katie Peterson Dubuque County ISU Extension Suite 2, 14858 W Ridge Lane Dubuque, Iowa 52003 XI. Assignability Agency shall not assign this Agreement or any interest in this Agreement without prior written approval of City. XI. Indemnity. Subrecipient agrees to save, defend, indemnify and hold harmless City, its officers, agents and employees, against any and all loss, damage, claims, causes of action, judgments, costs and expenses that City may hereafter suffer, incur, be put to, pay or lay out by reason of the performance or lack of performance by Subrecipient and/or its agents and employees of the conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this contract with the referenced attachment Exhibit A, B, C, and D as of the date first written above. Witness: Adrienne Breiffelder, City Clerk 5- City of Dubuque, Iowa zu Roy D. B ol, Mayor Dubuque County ISU Extension CDBG Contract Katie Peterson, Executive Director CDBG Contract List of Exhibits Exhibit A Inclusive Dubuque Exhibit B City Council Goals and Priorities Exhibit C Standard Requirements Community Development Block Grant (CDBG) Agreements Exhibit D City of Dubuque Income Guidelines for Financial Assistance -7- EXHIBIT A [anerectkng People -5trer gtheni rLg community Inclusive Dubuque A laEal network a community feadets from faith, labor, adulation and government organizations dediratudto advancing justice and social equity in our community. -1- What is Indusive Dubuque? Inclusive Quht,que is a peer -learning network of partners committed to creatirtg an informed, equ table and irlc Lslye community where all people are respected. valued and engage-d, The network is comprised of mare than 50 0rgdnizatian5 aCrG55 5ecturs indudi ng faith. government. nonprofit, business, education and more. To see a complete Iisting of organizations, visit www.irrcUsivedbq.org. The inclusive Du huque network works coltaborathmty to eli rl inate bias In our communq. While this goal would be d4rult far a single organization or indlwlduat to achieve, each network member can contribute to an eff Give ow mme by= providing data and inbrmati❑n tv inForm d Wons suppoOng equity educadan apportunities creaking andsf,aring equity tvuLs These opals are accotnptished by supporting rxarmerJ[ed sertarTroW.s and l2gprA�ArnimgQpµn,nies. senor Groups Comrmnity and netwukmerrbers lead these groups to address trial wi fhin the seven focus areas of the equity profile Sector groups are supported by a data team and guided by the expertise and lived exper,enn of tt12u rnarnbem data to t2arri and track Thelt progress; and the usa -of a radatfsacial 2qulty lens I i,elp guide decision -making. Peer -Learning lni;IL*I a grrhuque offers pcvr-ioarning upparlLin ities — McIvElIng edocation, training artd resqurres —to notwork partners W lnnKove personal and Organizabor%aI understnncthg of all types or tkld5 and promote racial and social equity. a" RN riftig MY1EIMrLr'iIq!rv� 're I[WJp!}Iry<u', j'.-I]ifJjIr.. fd::7: .. IM1d.'d a,: mrrm 0&+C*M or I Isrwer+Sa7o� - 1 - 'm a Dubuquer Campaign Winner of a2017.IE Dubuque 5iiver ADDY Award and a2012 Dubuque 365 Community Impact Award, the 'I'm a DuUuquryr" caMpaign was earl of a for A paR tner ship between Ifie hletv#jrk and "Telegraph Herald to redefine a terra) deeply erntibedded in the Dubuque commurEity tram sorrrelhirtg used to draw a line between insiders and ouzsidem into one that welcomes all who call Dubuque home_ Learn more about the campaign at www.imadubuquerxom, Best Practices Last year, [he NeMGTk Iaunched "(hest practices in Diversity, L€lutty and Inclusion." a nine -mein h, peer-lea-ning work -shop serre5. Organized by the netwaWs PePr- Learnmg Caur►eil (PLC), She series gives participants the opportunity to learn about and er}gage in best practices for diversityr equity and inclusion. Sessions toak plate on a monthly basis and cover such tapirs as leading organizations through rharige. meeting arganilational goals, rommunir-ation, and recruitment strategies. The series will wrap tad, Erg Bane with presf rnlations by pwtitipants derrronstralirkp how they will apply the skills they have Iearned to support their mganizations' equity and inclusion goals. Olt -3- The Network at Work Network and ccmmunity menu aers have toined partner -led working groups to addres-5 rlew chalierrges and bring the racialfsacial equity lerts to existing prograrns and efforts in education, arts and culture and our neigh barhoeds. These groups work to identif priorities, measurable'Indicators and }partners and programs that can be engaged to affect change. Sefwr groups are ut Rixing a piocess called R.e'suEts-Based A€counlabiti y in an effan to better undemund how we can track our progress. 5=nce December 2M mare than 90 people (rave joined sector groups and that number continues to grow as memo drs Iderlt ify vd1cos missing from thi2 coilwersahan. In addition to participating in senor Woups and Pest Rracti{es, network parrners are already taking steps In their oym organization. These network -owned actions help €antributo W creating an equitable and initmlve community where all people fe@l respected, valued and nngaged- Hers are just a few of the ways our "network fs at work * Economic 4Vpftekrg: #northeast Iowa Corrmwnity College and Gpfeatpr Dubuquq IN1mI.oprrwPt Cgrparativn have impl-ernerrted an outrea& strategy to engage minority community members in Opportunity Dubuque. Busine$s: The Dubuque Chamber of Cumrrvri;e ha5i creased a MirmFity Business Council with a mission to guide minority and under -represented business owners toward local res,Durces. Educati ym, The Dubuque Commjjnky School District is dasaggregatingdal a regarding Grade -Level Reading, auendante and graduation rates to help improve out- comris far all studsnts- • Hkghar Eduratlauw i_oras daltsge has hmplsnri2nled cuatur-oI Gornpetency training as part of the Honors Student Program curriculum • Girwmrrient The Crty of Dubuque has jo uled [hL- Gaownrrwnt A41anw on Rate and Equity and IS implerrmnting a racial equity toolk Hea ft Mercy Medical Center, Crescen3 Comrnunity Heath Center, University of Buhuque, Dubuquers Human Rights department, and attars are increasing heaki-scare aciem far the Marshallese population through a community health prograrr> that helps remove bafraprr tin [ark. TO LEARN MORE AND FIND OUT HOW YOU CAN GET INVOLVED. ViSITWWW-IHCLUSI MOUCiRG INCLUSIVE dubuqu Covir-ecting People-Strerlgt,hening Cornmunity Irxkuskeoubpzue Is IWgeted Vy the Conirawily Foundalbnolvrealo OwNqua -4- EXHIBIT B BUB rry or M S: CONTACT E �Y.Bud 563.55 4-S45S, rdhwoL��vnkruhunun om 3P2T•20124� } Alat;terpiereon € r lissi si i �� +20� NEWS RELEASE A u9. 15, FO 19 - FOR MWEarA TE RELEASC City Council Completes Annual Goal -Setting Sessions DUBU0UE, lows - The Dubuque City Council completed its annual goal -setting sessions an Wadnesday..Aug, 14. Over the course of three evening sessions. City Council marribers reaffirmed the 15-year Vision Statement and mission Stat9rnent and i(Jentified eight five-year goals for the city_ They also Idanlified top and high priorities for a 201 B-2021 policy agenda as well' as a management agenda for prolects and IniliatIves planned for 2099-2021 _ The 2U34 Dubuque Vision Statement Dubuque M34 Is a sustalFlable and resilient city and as Inclusive end equitable community_ Dubuque 2034 has preserved Our Masterpiece on the Mlssissipplr has a Strong diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyleS; have C-holce6 of quelity. livable neighborhoods; have an abundance of fun things to do; and are engaged In the oommtanity, Mission Statement Dubuque city 0avemment is pragresslva and €irianoially sound with residents receiving value for thelr tax dollars end achieving goals through partnerships, Dubuque city government's missloin Is to deliver excellent municipal gervices that support urban &Ing; coatribute to an equitable, sustainable city; plan for the community's future, and facilitate access to crRical human services_ City of OubugiFe Goals 2024 Robust Loral EConarny, Diverse Businesses and John$ wlth ECanumlc Prosperity # Vibrarrt Communityr Healthy and Safe LlvaInle Neighburhoods and Housing, Great Place to Llva + Financially Responsible, High -Performance City Organization; Sumainable. Equitable, and Effedhve Service Delivery ■ Sustainable Environmenl; Preserving and Enhancing Natural Resources Partnership for a Better 04rNi-que' Building Our Community that Is Viable, livable, and Equitable ■ Diverse Arts, Cullure. Parks, and Recrealiorr Experiences and Activities Connected Community' Equitable Transpodation, Technology Infrastrudure, and Mobility Policy Agenda Policy agenda Items are issues that need diravion or ai pollcy deoisian by the City Counell, or "ed a major fundIng decision by the City Council, or issues that deed City Council leadership in the community or with other gov$rnrnental bodies. The policy agenda is divided Into top priorities and high priorities. -5- 2019 - 2021 Top Priprities (In alphabetical order}: ■ Dream Center, Facilities & Programs • Erftetold Ash Barer Program Human Resources Policies & ♦landbook Revision + imagine Dubuque: implementatian ■ Major Street Improvemeni Plan. Project Priority & Funding ■ Parking Ramp Maintenance; Funding 2019 - 2021 High Priorlities (in alphabetical order}: * Brain Health Strategy & {fiction Plan ■ Dobt Raduaion Plaa. Re-Affim3ction + Founialn of Youth: Funding Four MoundsNiz-ART Program; Funding ■ Slniel Maintenance Program: Increased Funding r transit Vehicle Replacement Funding Management Agenda Management agenda items are issues for which the City Council has set the overall direction and provided initial Binding, may require further City Council action or funding, or are major management projects that may take multiple years to implement_ The managerneot agenda is divided into top priorities and high priorities. 2019 - 2021 Management Agenda Top Priorities (in alphabetical order): • Bee Branch Creek projects: Next Steps • CHAN-0E Program- True North Rousing Initiative & Bee l3ra+1Ch Heeithy Homes Resiliency Program Equitable Poverty Prevention; Action Plan Industrial Park Development ■ L WFAAFe Services Fat,ilities Dererred Maintanance Assessment • Multi-Tlered Housiring Inspect901 Program * Park Development Projects for Non-TIF(Tax-Increment Fina:ncing). Donated Park Sites' Funding Traffic Signal SynchronlzationISTREETS(Sman Traffic Routing with Efficient and Effective Trefnc Signals)' Funding 2019 - 2021 Management Agenda High Prlorftles (in alphabetical order): Citywid® Departmental Work Order System Implementation • Dubuque RiverfranI Muster Plan (Corps of Engineeis) • Innovation 6 Entrepreneurial Strategy • School Resoume Offioer_ Implementation ■ Southwast Arterial Business Development Water& Resource Recovery Center; NoVieni Trading # # # -6- ?019 � ity Council goals & Priorities City of Dubuque Goals 2024 Rohnst lue.11l Eemlflrtly: Owersc Bus .__ es and Jct.. ,;.tn Vlh;ani Canlminny: Heafthy & Sim 49 );male Meithearhaadt 4 Hmmlat. C,raar Pfau fa I,,-- ip Financially RewanaihFa. HWh4erdarnranaR Cky Urgai*atiun: S=.au ianir-, and EPfperlye. Sarwic? Uullvvy SUitsinllljjk EruiranmerrL- Preserving and Enh., i ig Vi n'1 }Llrl-.- PArmenhip far A 6etW VOLW146, [ ulld! ng Oyr CAmmunity that it Ya :- ivab4<. ana Equitabl 0 ivtFu Arts, Culture, Parks, and Rnreali4n Eaperiencas and ActimiES ie f oon4r. Celnmrmil : FAuiledde Trarrspwmci ,, Terhnokiglr l diwrnjrturv, and V1r]01111:y Pbkty Agenda are 45ues that need dlreCClCM Cs a polity tlecrslon by the City R0 19-202 1 Coonrll, nr need a mdjbr fur,dlrtg dacniorl W the Cdy Councii, nr rssuer.fhe naed Orty 'F'OL I CY AGE N DA O xmil leadarshlp iv the commun#y or with Hire goverrtmemal Godles- The P gtndd Is dr sded inbp tap priorlliu and hijgh p&&d 5. TOP PRIORITIES [in ajphabet.cal order) NIGH FRIORMU (in alphabetical order) Groh, Center: Facilliies d Progams r Bran) Heallh 5tralegy & AL -ion Nin it Emeraatl Ash Borer Program * [1aCe Reduction P13n: Re-Mirmabgn ■ Hyrron flesowrCES Policies & Ha ndhoak kNisron * FourLtain of Youth: f undone + Fr%dginebubuque:ImpFementalian - Four Moi]nil!+HEART"ram Funding ■ Major Stree Im:prwernem Plan: project Priority ¢ Fundkkg + SLrW MdlrnLeT,. me Pmffr wn: IrKm&E4 Funding + Paiking Ramp Matn6enance. Funding t Transit Vehicle ReplarfrrleW Funds„g N Ln.Vmenr agenda Itemn, are issues for whirh the City CuurIC4 basset the m erdg diref.W and iDrpyided Mdlbl rund.Yig, may require- further City C xui--] a c�m pr, luriding, ur are major maraomerlt prr]1F�;,75 I hart may [&p a^:ultip{g yhvn in mrplement. The markRFLmenf agenda ii diyiderd Ihto lop jakc•bes an¢ hWr prtgrftwn, TOP PRJORITIES Fin alphabetrral order) Bee Ba 6zh Creek Prajoels: Next Sieps • CHANGF, Program: True North Howing Piilofiye d 9A0 Branch Healthy Humes Resiliency Progmin ■ Equitable Pve" P nhon: Action Plan Lndvstrial Park peueipprre-nt ■ LCrsure Strarccs Fptlhtlrs Llelerred Maintenance Ass;msment * Multi-Trpsed Hw ing Irrspecttork Program * Parli C�velojarrierd Prapects for Mn-TJFITax-Ilncrement Finariciogl, grx,�albd F}ark Sites * Tratfic 5ignalSynr:hroni2atlaruSTREETS -7- HIGH PRIORITIES (in A phabetical order) * Dubuq-ue!2:yerfrontMaster Ptan{C-PSgi Eng]neersl * Cabwide De"rlmentai work Order SYSI-n IMOJ Tabun * IPANabLT6 & Entrepreneur,al SlrartV * School Reswroe 011icer: ImplementaLron • Sbagwrest A rterral atsrness Dvebpment ■ Water & VeSourob ReCuuery Center: Nrinent Trading Items that are underway an4 budgeted. Staff Is Implementingarkd providi ng u plates to City Cound L Projecls that are underway and budgeted. SlaFt IS implemenme and providing updates to City Council. 49 Rob ust Lo • n • C r Jobs with Fconamlci Management in Progress + Rusin-,5 pleypinpment al M Alrox' Ur: -eu say of t Bruwnlield G1 nl z Duhuque ■ rAA SupplorrH nlal Fueling • GDOC Retail Anrr ,.ion Strabegy • fur Chaners to Leisure deslinarcns Downtown Wv5ing Creabon Strategy Ah-arfrvrt I PA Was Wjor pM*ta Federal pppprturilly Zubes . DLarnarcar;an Pain; RelgeatRHl IPnnne bre Terrnrnawn Poind ■ OJd Pur Terminal demolition brant Community: `I=ti: t1 ry & sJi= + Flckn FPeaecreddation • HumaneSocioty f R'act Rerrmal + WRRC: Cerritirzllon flf Emironmen?aI * CAE} Cotoettkui Id fly Cameras Network + Tra fir C,3mem $}stem + Schod Saiely and 5ecLudy Pan and Prubmils • Dtsmtei�er Train" Program + Commijacation NallUnl tL.■ kry Ag8[Ir&noep + 1­Ieallhcdr6 for i Esidents k-vn Paufic l.w' r4s ■ Smar~ 911 Persama and SUMAV r1rolik Marketing • Quick Response Pumper ■ PD 00C. r Recrumnenr & Relerdion ■ P�5 Radv Sysl2m BuOdiniz & Imi*enentatidn * Pa nit B uMan I# City RxOit�cs * Arnbularice Slalfmg Alternatrers Pal" pepartmmnt Transition to New Caliber capons Kopf Prcfrt�ts + Cremnl Dafrlmmlty Healn Center. CUnlr: Cansfrucuon • Fire Headqumers and Slahare ADA ComCtra see ■ F Ire Slatidns FNAC and L ghling I mprovemQn�i * IlrlsAlr Laval FarmCenler 1:Onslr L&-L%o -8- Marragernent in Prnress T.nurl Sl lash Cenler + ADA t omphanre TmnSiSion + Atfral !"Mli graphy & Conkrul Mmurrentdtipn * Carlegraph OMS Spstm Artsei tti a errieril Egomign +Cr6lifind Frn3naA Report Snhw ip PnnYerwy% City Wet-Ae: AedeQn + Community Res dp.n, Sur&y aryd Art&rs ■ Olverse App,,�arils RurrLWL meni 5kralM * Financial Uan VmentSofware-Shady & Droll. RFP ■ Plea h Sunerds CnnEolting ano. h7.tuerlal SarvlCeo ■ High Perkxrnrng Cv ,aJI12atb■VC1uttx*n9-driven per.iskrm-makng Strategy ■ inalfoct ItLk war Gram ■ tnU mal LiQvor Lcerbw Approval Peocoon + hVision FacWity Management Scdware ■ I-4H Cont+cubon for Rw wEe Sib; + UquOr UIEUIsa Pmcess * *wv i:mployee and Promarel, Fmplope Orientation and SuTJpurt program * Pawle�5 Aicoaunls Payably workflow Wwbpn►arI & ImplemenUdion * VAwke;s Cuffrpensatipn CUirris 1,lanagg,.merrl Major ftjats • City Halt 5klewalks Freating System ■ Citw HaN Ahr m WIndows Replacement Environment.: Management in ftroIresS Major Projecls ■ ComrnwltK Ckfrneta Action & Resiliency Plan + 171h St1K Lccud 5L HLID -Resiliency St#mm Se%lef * Flgpd Control System: Carps or Engineer= Project Apprcval lFmpvoffmnr Project ■ FW WAts, Oils. & f rea5esj Prngram 2�M SrAaufrnar5 Ave. HLrf] Resihwey Siurm Sewer + GIn5 Catlectron DroW Pougrdms Imprawenent Project • Grarrwing Systdlrable Commlin+Iies Conference + abC enrich CjIgert Project Under R$ilrpad * Lmd & Capper Rule fiampLLtnrp Water 5ampru+g & Testorg * Bee Branch GWempumo Elation * Publc Educabw an SzkoobbewVr&abie pubuque + Cell 9 Larudfill Project; Phase d rt Eantiary Sewer Systeri Condlliw M5-ss!nent ■ Tire Hydrants IMLaMtion [fa(mer Vefrrun Water Systefn i + Sewer rnfraslrudvre Asses M.2naVrnent Pray+ * FM5WM RedUCIngValve IMPlerII-M tam ■ SaniaryForcemaintRewbdnk$tat)'QatKMProject(US i s Corps d Engineers) a ■ SCADA O4er?MSul. WaLrL Roosevelt $loser Waal Tower Prove'-P * Vcrrion'WlAbandonmen; t • WRRC OUffall WfIlInle I?ke brurk�n • water Tank In,;Vpngn program & Mainrerianre + Wak w Lines L■6easion -! W Arterial * West 3rd St- Generaldr -9- management k progress and major projects: continued Manogtmant in Prag;c5s * 2f7t2O Census D:rnplete Cotinr Campdigrl far Grade Le4el Rasdirg: t .wnmunily Salukr)n Action Plan ■ Cdtir Racial Fgwlyl Tpplkit: Results-lusec[ ACODuntaluilRy • Civic Ac*n Plan & Ginn Leaders "ram ■ Equity training for Lily �tarf * My BraRhery Kmper + WEPamnig & Contracting with Reno Re5ir�enis Prgl ra rn (GD C k Management in Nogiess * All Community Rfads Event • Arnericai-M + Charing Liyes Through Llterature Program + Fe Lyom Center Partnership Devetpw,nt • Lrwary Mwketing(Ampaei • Pgar%ator I-Wital in Park System Management in Pragress * Bu nks Hill Gaff t nrese Irrig3h,7m * Carnr31G2y Park Reroeahuh • Eag* Pninr Park Enwonnvntal Restrsratlon Prayed • Englisn RLdge & Eage Valley Suhdwisian Parks + Grand Rsver Center. Upgr,3de Prvler.N + Mivacle League Cump&m Veterans Pond Dedlq;lnn Con ne a ■ Comm un ity: Eq■ ,. M311agemerrt In PTo-gres: Malar llrolect-5 + ADA Pads kx 9us BWff + Chauanelle Read !-!AeJR&i Tray + 8 ILb G*8nt & Other Grants * Diavenelle Rand P.eh3hilitaiion ■ Bus Rouw,3- update W93 * Fpur.laning Saulhwesr AoeflaH U552t * Comprehensive Pa4ement Prem-rvatko Plan ■ Highway 5$ Repaving + Downtown Parking Owdirmrce • Nutil C.aunde !id- Pecunstrucibn (to Timt�er Hyrs1 ■ �,gmpF SIP umwal Ana"Is Subdl,r'�5 & Water M66 ExtantK)n * Smart Rd for Integrated Parting P�31r+orm + Nonhwe5r Arterial Upgrade (rQOD ■ Smart Tcchnnlogy fur rrarespprtaiinn Data ' Parking Lar Re -striping Colktion * Roundabouts • Tramportatian Gus)lnmer App ► Washington Street 1mprnvemer+l5 Mh W 9th] • WiFi Irl FLwd Rrautt9 * WiFi in Inwririoul & lntermDoal Lobby -10- EXHIBIT C STANDARD REQUIREMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS TABLE OF CONTENTS GENERAL CONDITIONS...................................................................................... . ..................1 A. General Compliance...................................................................................1 B. Independent Contractor..............................................................................1 C. Hold Harmless............................................................................................1 D. Workers' Compensation.............................................................................1 E. Insurance and Bonding...............................................................................1 F. Grantor Recognition...................................................................................1 G. Amendments..............................................................................................1 H. Suspension or Termination.........................................................................2 II. ADMINISTRATIVE REQUIREMENTS................................................................................. ........2 A. Financial Management............................................................................... 2 1. Accounting Standards........................................................................2 2. Cost Principles...................................................................................2 B. Documentation and Recordkeeping...........................................................2 1. Records to be Maintained..................................................................2 2. Retention...........................................................................................2 3. Client Data........................................................................................3 4. Disclosure..........................................................................................3 5. Closeouts...........................................................................................3 6. Audits and Inspections.......................................................................3 C. Reporting and Payment Procedures...........................................................3 1. Program Income................................................................................ 3 2. Payment Procedures......................................................................... 3 3. Indirect Costs.....................................................................................4 4. Progress Reports...............................................................................4 D. Procurement...............................................................................................4 1. Compliance........................................................................................4 2. Procurement Standards.....................................................................4 3. Travel.................................................................................................4 E. Use and Reversion of Assets III. RELOCATION, PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT.............4 IV. PERSONNEL AND PARTICIPANT CONDITIONS.........................................................................4 A. Civil Rights..................................................................................................4 1. Compliance........................................................................................4 2. Nondiscrimination..............................................................................5 3. Land Covenants.................................................................................5 4. Section 504.......................................................................................5 B. Affirmative Action........................................................................................5 1. Approved Plan................................................................................... 5 2. Women -Minority Businesses (W/MBE)..............................................5 3. Access to Records.............................................................................6 4. Notifications....................................................................................... 6 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement.......................................................................................... 6 6. Subcontract Provisions......................................................................6 C. Employment Restrictions............................................................................6 1. Prohibited Activity.............................................................................. 6 2. Labor Standards................................................................................ 6 3. "Section 3" Clause............................................................................. 7 a. Compliance...............................................................................7 b. Notifications.............................................................................. 7 C. Subcontracts.............................................................................8 D. Conduct...................................................................................................... 8 1. Assignability.......................................................................................8 2. Hatch Act........................................................................................... 8 3. Conflict of Interest..............................................................................8 4. Subcontracts......................................................................................8 a. Approvals..................................................................................8 b. Monitoring.................................................................................8 Content..................................................................................... 8 d. Selection Process..................................................................... 8 5. Lobbying............................................................................................ 9 6. Copyright........................................................................................... 9 7 Faith Based Organization.................................................................. 9 V. ENVIRONMENTAL CONDITIONS...................................................................................9 VI. A. Air and Water.............................................................................................. 9 B. Flood Disaster Protection...........................................................................9 C. Lead Based Paint.....................................................................................10 D. Historic reservation ............................................................................................10 SEVERABILITY.................................................................................... ......................10 VII SECTION HEADINGS AND SUBHEADS.........................................................................10 VIII WAIVER............................................................................................... . ....................10 IX ENTIRE AGREEMENT................................................................................................1 0 STANDARD REQUIREMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS I. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall always remain an independent contractor with respect to the services to be performed under this Agreement. The Recipient shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Recipient from all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. E. Insurance and Bonding The Subrecipient shall maintain insurance to the extent and against such hazards and liabilities as are in keeping with the current insurance program of Recipient. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantor Recognition The Subrecipient shall insure recognition of the role of the Recipient in providing services through the agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds available under this contract. G. Amendments Recipient or subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the Recipient's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release Recipient or Subrecipient from its obligations under this Agreement. Recipient may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Recipient and Subrecipient. H. Suspension or Termination In accordance with 24 CFR 85.43, the Recipient may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3) Ineffective or improper use of funds provided under this Agreement; or 4) Submission by the Subrecipient to the Recipient reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Recipient or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Recipient determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Recipient may terminate the award in its entirety. II. ADMINISTRATIVE REQUIREMENTS 2 A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200.49 or 200.419 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR 200 Subpart E Cost Principles. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program' C. Records required determining the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance, e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program, and f. Financial records as required by 24 CFR Part 570.502, and 2 CFR 200.333-337: and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Recipient's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four (4) year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four (4) year period, whichever occurs later. 3. Client Data 3 The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to client name, address, income level or other basis for determining eligibility, and description of services provided. Such information shall be made available to Recipient monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Recipient's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Closeouts Subrecipient obligation to the Recipient shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Recipient), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Recipient, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Recipient policy concerning subrecipient audits and 2 CFR 200 Subpart F C. Reporting and Payment Procedures 1. Program Income 11 The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Recipient at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Recipient. 2. Payment Procedures The Recipient will pay to the Subrecipient funds available under this agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Recipient policy concerning payments. Except for certain advances, payments will be made for eligible expenses incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Recipient in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Recipient reserves the right to liquidate funds available under this contract for costs incurred by the Recipient on behalf of the Subrecipient. 3. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Recipient for approval, in a form specified by the Recipient. 4. Progress Reports The Subrecipient shall submit quarterly Activity Progress Reports to the Recipient in the form and content as required by the Recipient. D. Procurement 1. Compliance The Subrecipient shall comply with current Recipient policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Recipient upon termination of this Agreement. 2. 2 CFR Part 200 Uniform Administrative Requirements, Cost 5 Principles, and Audit Requirements for Federal Awards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR part 200. 3. Travel The Subrecipient shall obtain written approval from the Recipient for any travel outside the metropolitan area to be paid for with funds provided under this contract. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall follow the requirements of 2 CFR Part 200 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Recipient any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement more than $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement. If the Subrecipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for the prescribed period, the Subrecipient shall pay the Recipient an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Recipient. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Recipient for the CDBG program or (b) retained after compensating the Recipient [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. III. RELOCATION, PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Recipient ordinances, resolutions and policies concerning the displacement of persons from their residences. IV. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply all federal, state and local regulations in effect as of the date of this Agreement as they apply to federally assisted programs and activities of the Department of Housing and Urban Development and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Recipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Recipient shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Recipient's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Recipient shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women -Minority -Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish -heritage Americans, Asian - Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Recipient, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. s 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; explicitly religious activities; lobbying, political patronage, and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Recipient for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Recipient pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Recipient, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low - and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons 10 residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. C. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Recipient. The Subrecipient will not subcontract with any entity where is has notice or knowledge that the latter has been found in violation of regulations under C 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this contract without the prior written consent of the Recipient thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Recipient under this contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Recipient. 2. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 3. Conflict of Interest The Subrecipient agrees to and 24 CFR 570.611, M following: a. The abide by the provisions of 2CFR 200.112 ch include (but are not limited to) the Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Recipient, the Subrecipient, or any designated public agency. 12 4. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Recipient prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow up actions taken to correct areas of noncompliance. C. Content The Subrecipient shall cause all the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. d. Selection Process The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Recipient along with documentation concerning the selection process. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 13 Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Recipient and/or grantor agency reserves the right to royalty -free, non- exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Organization The Subrecipient agrees that funds provided under this Agreement will not be utilized for explicitly religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Faith -based organizations that carry out programs or activities with direct Federal financial assistance from HUD must comply with 24 CFR Part 5.109; including to give written notice to beneficiaries and prospective beneficiaries and prospective beneficiaries of the programs or activities describing: a) The organization may not discriminate against a beneficiary or prospective beneficiary based on religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; b) The organization may not require a beneficiary to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by the beneficiaries in 14 those activities must be purely voluntary; c) The organization must separate in time or location any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; d) If a beneficiary or prospective beneficiary objects to the religious character of the organization, the organization will undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no such objection; and e) A beneficiary or prospective beneficiary may report violations of these protections, including any denials of services or benefits, to the Federal agency or intermediary administering the program. V. ENVIRONMENTAL CONDITIONS A. Air and Water 1. The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance of this contract: 2. Clean Air Act, 42 U.S.C., 7401, ET seq. 3. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued hereunder. 4. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35 subpart B. Such regulations pertain to all CDBG assisted housing and require that all owners, prospective owners, and tenants of properties 15 constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. VI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. VII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. VIII. WAIVER The Recipient's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Recipient to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. IX. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Recipient and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Recipient and the Subrecipient with respect to this Agreement. 16 NOTE: For the above sections, if the Subrecipient is a governmental or quasi - governmental agency, the applicable sections of 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State and Local and Federally Recognized Tribal Governments," and 2 CFR 200 would apply. 17 EXHIBIT D CITY OF DUBUQUE INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Income limits are defined and occasionally revised by the U.S. Department of Housing and Urban Development's estimated median family income. A low-income person or family has a total income which falls between the fifty (50) percent and eighty (80) percent median for the area, adjusted for size. A very low-income person, family, or household has a total income which falls between thirty (30) and fifty (50) percent of the median income, adjusted for size, of the metropolitan area. A 30% median income person, family or household has a total income which is between 0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan area. The maximum income limits as of July 2019 for the Dubuque Metropolitan Area are as follows: Maximum Annual Income Household Size Below 30% AMI Below 50% AMI Below 80% AMI Above 80% AMI Family Size 1: <$17,100 <$28,500 <$45,500 >$45,500 Family Size 2: <$19,550 <$32,600 <$52,050 >$52,050 Family Size 3: <$22,000 <$36,650 <$58,550 >$58,550 Family Size 4 <$25,750 <$40,700 <$65,050 >$65,050 Family Size 5: <$30,170 <$44,000 <$70,300 >$70,300 Family Size 6: <$35,590 <$47,250 <$75,500 >$75,500 Family Size 7: <$39,010 <$50,500 <$80,700 >$80,700 Family Size 8: <$43,430 <$53,750 <$85,900 >$85,900 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchange.info/resource/5334/cdbg-income-Iimits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchange.info/incomecalculator/ 18